The purpose of the variance procedure is to afford a property owner relief from certain regulations of this Code when practical difficulty exists. The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council may grant variances from the provisions of this Code pursuant to the standards set forth in this subtitle. The variance procedure provisions in this title do not apply to applications requesting an exemption from:the maximum quantity of signs; the location requirements of signs; or the types of signs allowed within a zoning district. The variance procedure provisions may not be used to authorize a use not otherwise permitted in the zoning district. The authority granted in this Subtitle 3 to the Zoning Administrator or the Board of Municipal and Zoning Appeals to grant a variance from provisions of this Code is not intended to limit any other authority that may exist elsewhere within this Code to provide relief or modification from the Code’s requirements. Ord. 16-581 Ord. 17-015 Ord. 18-171 Ord. 18-216 Ord. 20-350

This Code allows for 2 types of variances that may be granted under this subtitle, minor variances and major variances. Minor variances comprise the following specified variances:a reduction in lot width by no more than 10% of the applicable minimum lot width requirements; a reduction in required yards and setbacks by no more than 10% or 2 feet, whichever is less; a reduction in the number of off-street parking spaces by no more than 10% of the applicable minimum requirements; a reduction in the required alley width for access to off-street parking; and a variance to bulk or yard regulations if:the parcel of land is improved with a nonconforming structure that has been in existence for at least 50 years; the variance would not permit more than a 10% cumulative increase in the bulk and density of a structure that has been in existence for 50 or more years; and in the opinion of the Zoning Administrator, the application complies with all applicable approval criteria for variances. The Zoning Administrator or the Board of Municipal and Zoning Appeals may grant minor variances from the regulations of this Code. Any variance not identified in subsection (b) of this section as a minor variance is a major variance. Unless legislation has been introduced to approve a variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny any application for a major variance. Ord. 16-581 Ord. 17-015

The Zoning Administrator or the Administrator’s designee must determine:whether the application is for a minor variance or a major variance; and which City agencies and officials, if any, should be asked to review the application and submit written reports and recommendations on it. The Zoning Administrator or designee must inform the applicant of the determination made under subsection (a)(1) of this section. If the Zoning Administrator or designee determines the application is for a major variance, the Zoning Administrator or designee must inform the applicant that:a major variance can be granted by ordinance or by the Board of Municipal and Zoning Appeals; the applicant may request the City Council to introduce an ordinance to grant the major variance; in the absence of legislation to approve a major variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny the major variance; and the applicant may appeal the decision of the Zoning Administrator and the appeal must be filed within 30 days of the Zoning Administrator’s decision. The Zoning Administrator or designee must forward an application determined to be a major variance to the Board of Municipal and Zoning Appeals. Ord. 16-581 22-181

The Zoning Administrator or the Administrator’s designee must review and evaluate the application pursuant to the standards in <cite data-path="|32|§5-308">§ 5-308 {“Approval standards”} of this subtitle</cite>. Public notice of the application must be posted in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. If written objection to the minor variance is received before the end of the required posting period, the application must be resubmitted to the Board of Municipal and Zoning Appeals as a major variance, subject to the application, notice, and public hearing requirements applicable to major variances. If no written objection is timely received, the Zoning Administrator must render a written decision on the application within 30 days of the end of the required posting period and either approve, approve with qualifications, or deny the application. The applicant may appeal the Zoning Administrator’s decision to the Board of Municipal and Zoning Appeals. The appeal must be filed within 30 days of the Zoning Administrator’s decision. Ord. 16-581 Ord. 22-181

The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a variance, based on the evidence presented at a public hearing, in accordance with the standards in <cite data-path="|32|§5-308">§ 5-308 {“Approval standards”} of this subtitle</cite>. The Board of Municipal and Zoning Appeals must consider a proposed major variance in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board’s receipt of the completed application. If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials. In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information. The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals. The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application, within 30 days of the close of the public hearing. The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting. All actions and other procedures taken under this subsection must immediately cease if:the Board of Municipal and Zoning Appeals has not rendered a written decision under this subsection; and the City Council has referred to the Board a bill to approve the variance by ordinance. On this cessation of procedures, the application is deemed to be voluntarily withdrawn by the applicant. Legislative limitation. No legislation may be introduced to approve a major variance after the Board of Zoning Appeals has rendered a written decision on an application involving the same subject matter. Ord. 16-581 Ord. 17-015 Ord. 22-181

Before approving any variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the variance, any condition, restriction, or limitation that it considers necessary or desirable to:reduce or minimize the effect of the variance on other properties in the neighborhood; secure compliance with the standards and requirements of this Code; and better carry out the intent and purpose of this subtitle. The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may require whatever evidence and guarantees considered necessary to assure that the conditions, restrictions, and limitations imposed will be met and complied with. Failure to comply with any condition, restriction, or limitation imposed under this section constitutes a violation of this Code. Ord. 16-581

A variance less than that requested may be granted by the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, if the record supports the applicant’s right to some relief, but not to the entire relief requested. Ord. 16-581

To grant a variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, shall find that:because of the conditions peculiar to the property, including particular physical surroundings, shape, or topographical conditions of the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out; or because of exceptional circumstances related to the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out. The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must also find that:the practical difficulty is caused by this Code and has not been created by the intentional action or inaction of any person who has a present interest in the property; the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property; the variance will not:be injurious to the use and enjoyment of other property in the immediate vicinity; or substantially diminish and impair property values in the neighborhood; the variance is not precluded by and will not adversely affect:any Urban Renewal Plan; the City’s Comprehensive Master Plan; or any Historical and Architectural Preservation District; and the variance will not otherwise:be detrimental to or endanger the public health, safety, or welfare; or be in any way contrary to the public interest. Ord. 16-581 Ord. 17-015

A variance lapses and becomes void 2 years from the date of its final order granting unless substantial construction has occurred within that same 2-year period. The Board of Municipal and Zoning Appeals may grant an extension of this period, for both minor and major variances, on written application and for good cause shown, without notice or hearing. Ord. 16-581

Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may approve any application for a variance or a conditional use if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid. The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may approve:the application for a variance or conditional use if that application is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid; and the application for a variance or conditional use if an outstanding violation or fine is the subject of a still pending administrative appeal or judicial review. Ord. 22-181